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(영문) 창원지방법원 2019.09.25 2019가단1414

대여금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion has lent KRW 41,00,000,000 to the defendant on July 17, 2009, and received KRW 66,00,000 from the defendant and KRW 25,00,000 from C. Thus, the defendant is obligated to pay the plaintiff the balance of the borrowed amount of KRW 34,00,000.

2. According to the Plaintiff’s evidence Nos. 1 and 2, the Plaintiff withdrawn KRW 3,00,000 from the Plaintiff’s Kimhae Agricultural Cooperative account on July 17, 2009, and KRW 1,00,000,000 from the Plaintiff’s fatherwon Saemaul Bank account; the Defendant transferred KRW 10,000,000 to the Plaintiff’s Busan Bank account on August 11, 2009; and the Defendant transferred KRW 10,000,000 on September 16, 200; KRW 31,00,000,000,000 on May 31, 2010; and KRW 10,000,000 on May 30, 200; and each of the Plaintiff’s mother students, who transferred KRW 10,000,000 on May 19, 2015, respectively.

However, in light of Gap evidence Nos. 3 and 2 evidence, each of the above facts of recognition and Gap evidence Nos. 4 and 7 is insufficient to acknowledge the fact that the plaintiff lent KRW 100,000 to the defendant, and there is no other evidence, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.